Ischemic heart disease decisions — 2010

The Board denied the Veteran's claims for service connection for hypertension, heart disease (claimed as cardiomegaly), and sleep apnea. The decision also addressed whether new and material evidence had been presented to reopen these claims.

The Veteran's death was not determined to be service-connected. The claim for DIC under the provisions of 38 U.S.C.A. § 1318 has been denied as there is no legal basis for entitlement.

The Board found that the Veteran's heart murmur and occluded anterior descending coronary artery were not incurred in or aggravated by active military service, nor may they be presumed to have been incurred therein. The claim was denied.

The Board found that the appellant does not have a current heart condition or disability of the long finger, right hand and thus denied service connection for these conditions.

The Veteran's death was determined to be caused by his service-connected disabilities, specifically depression resulting from his diabetes and other conditions. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as the cause of death claim has been granted.

The Board found that the Veteran's death was not caused by or substantially contributed to by a service-connected disability, including his dysthymic disorder and cardiovascular conditions.

The Board has reopened the Veteran's claim for SMC based on need for regular aid and attendance due to service-connected disabilities, including hypertensive heart disease. The Veteran is found to be in need of regular aid and assistance in attending to his daily activities.

The Board found that the Veteran did not meet the criteria for reimbursement of unauthorized, non-VA medical expenses incurred on November 1-2, 2005 at a private hospital due to lack of emergency circumstances and failure to obtain prior authorization.

The Board has determined that the Veteran's service-connected PTSD contributed to his death, and thus grants service connection for the cause of death.

The Veteran's service-connected disabilities, including diabetes mellitus and its complications, did not render him unemployable prior to November 29, 2007.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed heart, skin, and psychiatric disabilities. The case will be remanded for further action.

The Veteran's coronary artery disease is found to be related to his service-connected hypertension, and the appeal for a higher rating for bilateral hydronephrosis with nephrolithiasis is dismissed.

The Veteran's death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C.A. § 1318 were not met.

The Board has denied the appellant's claims of service connection for various conditions, including a lung disability (including tuberculosis), pain and weakness in the arms, back, and legs, loss of balance, loss of appetite and difficulty swallowing, bleeding gums and an oral rash, and a heart disability. The evidence does not support these claims.

The Board has determined that the Veteran's heart disease was not incurred in or aggravated by his active duty service, nor is it otherwise related to such service. The claim for secondary service connection based on diabetes mellitus type II is also denied.

The Veteran's renal insufficiency is found to be related to his service-connected diabetes mellitus, and the claim for TDIU is remanded.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has ordered additional development to obtain records from B.Z.M. and VA treatment records, as well as provide the Veteran with notice regarding how to substantiate his claim for service connection on a secondary basis.

The Board has remanded the case to the RO for further adjudication due to new evidence submitted by the Veteran's attorney. The appeal is now with the RO and will be reviewed in light of any additional evidence.

The Board has remanded the claim for a new VA examination to determine if the Veteran's coronary artery disease is at least as likely as not caused or aggravated by his service-connected diabetes mellitus, type II.